CHAPTER 3:03
TRADITIONAL COURTS

ARRANGEMENT OF SECTIONS

   SECTION

   1.   Short title

   2.   Interpretation

   3.   Establishment of Traditional Courts

   4.   Constitution and membership of Traditional Courts

   5.   Suspension and dismissal of members

   6.   Court staff

   7.   Sessions

   8.   Civil jurisdiction of Traditional Courts

   9.   Criminal jurisdiction of Traditional Courts

   10.   Extension of jurisdiction

   11.   Cases excluded from the ordinary jurisdiction of a Traditional Court

   12.   Law to be administered

   13.   Power of Minister to empower a Traditional Court to enforce specified laws

   14.   Orders in cases of a criminal nature

   15.   Suspension of sentence

   16.   Compensation to injured or aggrieved persons

   17.   Awards in cases of a civil nature

   18.   Places of imprisonment

   19.   Contempt of court

   20.   Wilful refusal to pay compensation

   21.   Power to summon witnesses

   22.   Provision for summoning witnesses, etc., outside the area of jurisdiction

   23.   Practice and procedure

   24.   Representation of parties

   25.   Appointment of Chief Traditional Courts Commissioner and other officers

   26.   Functions of Chief Traditional Courts Commissioner

   27.   Adjudication without authority

   28.   Members of Traditional Courts taking rewards

   29.   Taking reward for influencing courts

   30.   Penalty for false evidence

   31.   Proceedings on transfer

   32.   Powers of Chief Traditional Courts Commissioner to order retrial or transfer of cases

   33.   Traditional Appeal Courts

   34.   Appeals

   35.   Power on appeal

   36.   Substantial justice to be done without undue regard to technicalities

   37.   Execution of orders of High Court, subordinate courts or other Traditional Courts

   38.   Powers of remand in criminal cases

   38A.   Effect of non-attendance of member

   38B.   Alternate member

   39.   Indemnity of officers acting judicially and of officers executing warrants and orders

   40.   Rules

INDEX TO SUBSIDIARY LEGISLATION

Under Section 3

      Establishment and Areas of Jurisdiction of Traditional Courts

Under Section 4

      Traditional Courts (Constitution and Membership) Order

Under Section 10

      Extension of Jurisdiction Order

Under Section 11

      Jurisdiction (Exclusion) Notice

Under Section 13

      Regional Traditional Courts (Criminal Jurisdiction) Order

      Traditional Courts (Criminal Jurisdiction) Order

Under Section 18

      Authorization

Under Section 22

      Traditional Courts (Service Outside the Jurisdiction) Order

Under Section 24

      Traditional Courts (Appearance by Legal Practitioners) Order

Under Section 33

      Establishment and Areas of Jurisdiction of Traditional Appeal Courts

Under Section 34

      Traditional Courts (Appeals) Order

Under Section 40

      Traditional Courts (Appeals) Rules

      Traditional Courts (Bail) Rules

      Traditional Courts (Procedure) Rules

      Traditional Courts (Terms and Conditions of Service) Rules

      Traditional Courts (Enforcement of Judgments) Rule

8 of 1962
24 of 1962
23 of 1963
56 of 1966
1 of 1969
31 of 1969
23 of 1970
38 of 1970
5 of 1976
19 of 1992
G.N. 137/1966
166/1967

An Act to make provision for the establishment and constitution of Traditional Courts and for the proper administration of justice by such Courts in Malawi

[1ST AUGUST 1962]*

1.   Short title

   This Act may be cited as the Traditional Courts Act.

2.   Interpretation

   In this Act, unless the context otherwise requires—

   “African” means—

   (a)   any member of an indigenous race of Africa; and

   (b)   any person who resides in Malawi as a member of such race;

   “Chief Traditional Courts Commissioner” means the Chief Traditional Courts Commissioner appointed under section 25, and includes the Senior Traditional Courts Commissioner and a Traditional Courts Commissioner acting within any area assigned to him under that section;

   “Traditional Court” means a court established under this Act;

   “member” means a member of a Traditional Court, and includes a Chairman of such court.

3.   Establishment of Traditional Courts

   (1) The Minister may, by warrant under his hand, establish such Traditional Courts as he shall think fit.

   (2) Every Traditional Court shall exercise the jurisdiction conferred upon it by or under this Act within such area and to such extent as may be specified in the warrant.

   (3) The Minister shall assign to each Traditional Court such name as he may think fit.

   (4) Every warrant issued under this section shall be operative from the date thereof.

   (5) The Minister may, at any time by supplementary warrant, suspend, cancel or vary any warrant issued under this section.

   (6) The Minister shall cause particulars of—

   (a)   the name and area of jurisdiction of every Traditional Court; and

   (b)   the suspension, cancellation or variation of any warrant, to be notified in the Gazette.

4.   Constitution and membership of Traditional Courts

   (1) A Traditional Court shall consist of a Chairman appointed by the Minister and such other members, if any, as the Minister may appoint, and shall sit with at least one assessor selected by the Chairman from a panel of assessors appointed by the Minister under subsection (2).

   (2) In respect of every Traditional Court the Minister shall appoint a panel of assessors.

   (3) The Minister may from time to time vary the composition of any panel appointed by him under subsection (2).

   (4) Notwithstanding subsection (1), the Minister may by order in writing addressed to any Traditional Court direct—

   (a)   that such court may, at the discretion of the Chairman, sit without any assessor for the hearing of such cases or classes of case as may be specified in such order;

   (b)   that no member of such court other than the Chairman shall sit on such court except under an order made under paragraph(c);

   (c)   that subject to such conditions as the Minister may impose in the order, any member specified in such order may sit as Chairman of the court in the absence of the Chairman.

   (5) The Minister may from time to time revoke the appointment of any Chairman or member of a Traditional Court appointed under this section.

5.   Suspension and dismissal of members

   Subject to this Act and any rules made thereunder, the Minister may dismiss or may suspend for such time as he thinks fit any member of a Traditional Court who shall appear to have abused his power, or to be unworthy or incapable of exercising the same justly, or for other sufficient reason, and notice of such suspension or dismissal shall be published in the Gazette. Upon such dismissal or for the period of his suspension, the member shall be disqualified from using any powers or jurisdiction as a member of the court.

6.   Court staff

   (1) The Minister may appoint or authorize the appointment of suitable persons as court clerks and other officers of any Traditional Court.

   (2) Subject to this Act and any rules made thereunder, the Minister may terminate or authorize the termination of any appointment made under this section.

7.   Sessions

   A Traditional Court shall hold sessions at such times and places as may be necessary for the convenient and speedy despatch of the business of the court :

   Provided that the Minister may direct sessions to be held at such times and places as he shall think fit.

8.   Civil jurisdiction of Traditional Courts

   Subject to this Act, every Traditional Court shall have and may exercise civil jurisdiction to the extent set out in its warrant, over causes and matters in which all the parties are Africans and the defendant was, at the time when the cause of action arose, resident or being within the jurisdiction of the court:

   Provided that notwithstanding anything contained in this or any other Act, such jurisdiction shall, within the limits specified in the warrant of the court concerned, extend to the hearing and determination of suits for the recovery of civil debts due to the Government, to any local authority or to the office of any Chief under any law:

   Provided further that civil proceedings relating to immoveable property shall be taken in the Traditional Court within the area of whose jurisdiction the property is situated.

9.   Criminal jurisdiction of Traditional Courts

   Subject to this Act, every Traditional Court shall have and may exercise criminal jurisdiction to the extent set out in its warrant. Such jurisdiction shall extend to the hearing, trial and determination of all criminal charges and matters in which the defendant is an African and is accused of having, wholly or in part within the jurisdiction of the court, committed or been accessory to the committing of an offence.

10.   Extension of jurisdiction

   Notwithstanding any other provision of this Act, the Minister may, by order published in the Gazette, direct that the jurisdiction of any Traditional Court, either civil or criminal or both, shall extend to the hearing of causes and matters in which any or all of the parties are non-Africans:

   Provided that in respect of any cause or matter involving an issue to be determined by customary law, any jurisdiction conferred under this section shall extend to the determination of such cause or matter only where it is shown that every non-African who is a party has voluntarily assumed a right, liability or relationship which is the subject matter of the dispute and which would have been governed by the customary law concerned if all the parties had been Africans.

11.   Cases excluded from the ordinary jurisdiction of a Traditional Court

   Subject to any express provision conferring jurisdiction, no Traditional Court shall have jurisdiction in—

   (a)   any proceedings in connexion with marriage, other than a marriage contracted under or in accordance with Islamic or customary law or the African Marriage (Christian Rites) Registration Act, except where both parties are of the same religion and the claim is one for bride-price founded on customary law only;

   (b)   any other class of proceedings which the Minister may, by notice published in the Gazette, exclude from the jurisdiction of Traditional Courts or any particular Traditional Court or class of Traditional Court specified in such notice.

12.   Law to be administered

   Subject to this Act, a Traditional Court shall administer—

   (a)   the provisions of any Act which the court is by or under such Act authorized to administer;

   (b)   the provisions of any law which the court may be authorized to administer by an order of the Minister made under section 13;

   (c)   the provisions of all rules, orders, regulations or by-laws made under the Local Government (District Councils) Act and in force in the area of the jurisdiction of the court;

   (d)   the customary law prevailing in the area of the jurisdiction of the court, so far as it is not repugnant to justice or morality or inconsistent with the Constitution or any written law in force in Malawi:

   Provided that no criminal proceedings shall be taken and no criminal penalty be imposed otherwise than in respect of an offence constituted under an Act or under any rule, regulation, order or by-law made thereunder.

13.   Power of Minister to empower a Traditional Court to enforce specified laws

   The Minister may, by order published in the Gazette, confer upon all or any Traditional Courts jurisdiction to enforce all or any of the provisions of any law specified in such order, subject to such restrictions and limitations, if any, as the Minister may specify.

14.   Orders in cases of a criminal nature

   (1) Subject to this or any other law and to the limits specified in its warrant a Traditional Court may in cases of a criminal nature pass any of the following sentences authorized by law—

   (a)   death;

   (b)   imprisonment;

   (c)   the performance of public work;

   (d)   corporal punishment;

   (e)   fine.

   (2) Subject to any written law, it shall be lawful for a Traditional Court to pass any sentence combining any of the sentences specified in paragraphs (b) to (e) of subsection (1).

   (3) A Traditional Court may order that any fine which it shall impose shall be paid at such time or times or by such instalments or in kind or otherwise as it shall think just, and in default of the payment of any fine or of any instalment of the same when due, the court may order that the amount of the fine or of the instalment, as the case may be, shall be levied by the sale of any property belonging to the offender.

   (4) Where a Traditional Court makes an order for the payment of a fine it shall have the power to direct by its sentence that in default of the payment of the fine the offender shall suffer such period of imprisonment as will satisfy the justice of the case:

   Provided that—

   (a)   no such period of imprisonment shall be in excess of the maximum period which the court is empowered by its warrant to impose;

   (b)   subject to the express provisions in this or any other law, in no case shall the imprisonment exceed such maximum as may be laid down in any rules made by the Minister.

   (5) The imprisonment which is imposed in default of payment of a fine shall terminate whenever the fine is either paid or levied by process of law.

   (6) Where a term of imprisonment is imposed by a court in default of the payment of a fine, that term shall, on the payment or levy of a part of such sum, be proportionately reduced.

   (7) When a person is convicted of any offence, the court may, except where the punishment is one fixed by law, instead of passing sentence under subsection (1), order such person to enter into a bond, with or without sureties in such amount as the court thinks fit, that he shall keep the peace and be of good behaviour for a time to be fixed by the court, and sections 123, 125 and 341 of the Criminal Procedure and Evidence Code shall apply mutatis mutandis to any bond entered into under this subsection.

   (8) Notwithstanding any other provision of this section, where in any trial (other than a trial in which the accused is charged with an offence punishable with death or imprisonment for any period exceeding five years) the court thinks that the charge is proved but is of opinion that, having regard to the character, antecedents, age, health or mental condition of the accused, or to the trivial nature of the offence, or to the extenuating circumstances in which the offence was committed, it is inexpedient to inflict any punishment, the court may, without proceeding to conviction, make an order dismissing the charge, after such admonition or caution to the offender as to the court seems fit.

15.   Suspension of sentence

   (1) Whenever a person is convicted before any Traditional Court for any offence, the court may pass a sentence of imprisonment, if such sentence is authorized by law, but, in its discretion, order the operation of the whole or any part of the sentence to be suspended for a period not exceeding three years on such conditions, relating to compensation to be made by the offender for damage or pecuniary loss, or to good conduct, or to any other matter whatsoever, as the court may specify in the order.

   (2) Where the operation of a sentence has been suspended under subsection (1) and the offender has, during the period of the suspension, observed all the conditions specified in the order, the sentence shall not be enforced.

   (3) If the conditions of any order made under subsection (1) are not fulfilled, the offender may upon the order of the trial court be arrested without warrant and brought before the said court to be committed to undergo the sentence of imprisonment originally imposed:

   Provided that the said court may in its discretion grant an order further suspending the operation of the sentence subject to such conditions as might have been imposed at the time of the passing of the sentence.

16.   Compensation to injured or aggrieved persons

   (1) Where a Traditional Court convicts any person, it may, in addition to any other punishment, or in substitution for any punishment other than one fixed by law, adjudge that such person pay reasonable compensation to, or to any member of the family of, any person injured by the act or omission in respect of which such conviction was made. If any person in whose favour compensation is awarded under this section accepts such compensation he shall not have or maintain any suit for the recovery of damage for loss or injury sustained by him by reason of such act or omission. For the purposes of this section punishment for an offence under section 283 of the Penal Code is one fixed by law.

   (2) Any compensation awarded by a court under this section may be ordered to be paid at such time or times or by such instalments as it shall think just, and in default of the payment of any compensation or any instalment of the same when due, the court may order that the amount of the compensation or the instalment, as the case may be, shall be levied by the sale of any property belonging to the person ordered to pay the compensation.

17.   Awards in cases of a civil nature

   (1) A Traditional Court in cases of a civil nature may—

   (a)   award compensation (which may include an amount for costs and expenses incurred by a successful party or his witnesses);

   (b)   order the restitution of any property;

   (c)   order the specific performance of any contract;

   (d)   make any other order which the justice of the case may require.

   (2) An award of compensation or other order under subsection (1) may provide for—

   (a)   payment in money or in kind;

   (b)   the time or times for making payment or doing any other act;

   (c)   instalments;

   (d)   any other manner of compliance therewith as the Court may think just.

   (3) In case of any default in the performance of or compliance with such award or other order in accordance with the terms thereof, the Court may order—

   (a)   that any property, referred to in an order for restitution or an order for specific performance of a contract or other order for delivery or transfer of property, may be seized and transferred to the person entitled to receive it;

   (b)   that payment of any sum of money due be enforced by the seizure of any property belonging to the person ordered to make the payment and—

      (i)   by the sale thereof; or

      (ii)   the transfer thereof to the person entitled to receive the payment at a value fixed by the Court;

   (c)   that the payment of compensation in kind be enforced by the seizure of property of that kind belonging to the person ordered to pay the compensation and the transfer thereof to the person entitled to receive the compensation.

18.   Places of imprisonment

   Every person sentenced by a Traditional Court to imprisonment or taken in the execution of the process of such court shall be detained in a place authorized by the Minister as a prison for the purposes of this Act.

19.   Contempt of court

   Any person subject to the jurisdiction of a Traditional Court who, without lawful excuse—

   (a)   shall omit to produce or deliver up any document or thing on the order of such court;

   (b)   shall refuse to answer any question asked by the court, provided that it is not a question to a person other than the accused, the answer to which might tend to incriminate him;

   (c)   shall refuse to sign any statement which the court lawfully requires him to sign;

   (d)   intentionally insults the court or any member thereof; or

   (e)   intentionally interrupts the proceedings of the court,

shall be guilty of contempt of court and shall be liable to a fine of £25 and to imprisonment for six months.

20.   Wilful refusal to pay compensation

   Any person subject to the jurisdiction of a Traditional Court who without lawful excuse and having the means to pay any compensation awarded against him refuses or wilfully fails to make such payment after due notice shall be liable to a fine of £20 and to imprisonment for six months.

21.   Power to summon witnesses

   (1) Every Traditional Court shall have power to summon before the court any person within the jurisdiction of the court for the purpose of giving evidence.

   (2) Any person who without reasonable excuse shall fail to obey any summons lawfully issued under this section may be arrested and brought before the court and shall be liable to a fine of £10 and to imprisonment for three months.

22.   Provision for summoning witnesses, etc., outside the area of jurisdiction

   The Minister may by order confer upon any Traditional Court such powers as he may think necessary to secure the appearance before any such court of any person outside the area of the jurisdiction of such court when the appearance of any such person shall be required as a defendant or witness in any proceedings within the jurisdiction of such court.

23.   Practice and procedure

   The practice and procedure of Traditional Courts shall be regulated in accordance with such rules as may be made in that behalf by the Minister under section 40.

24.   Representation of parties

   (1) No legal practitioner may appear or act for any party in any matter before a Traditional Court unless the Minister has, by order in writing, authorized legal practitioners to appear or act in respect of proceedings before the court concerned either generally or in any particular case or class of case, and any such order may at any time be revoked by the Minister.

   (2) A Traditional Court may permit the husband or wife or guardian or any servant or the master of any plaintiff or defendant who shall give satisfactory proof that he or she has authority in that behalf to appear or act for such plaintiff or defendant.

25.   Appointment of Chief Traditional Courts Commissioner and other officers

   (1) The Minister may appoint a Chief Traditional Courts Commissioner, a Senior Traditional Courts Commissioner, and such Traditional Courts Commissioners and Traditional Courts Officers as he may think fit.

   (2) Subject to the directions of the Minister, the Chief Traditional Courts Commissioner may assign to a Traditional Courts Commissioner an area or areas within which he shall perform his functions.

26.   Functions of Chief Traditional Courts Commissioner

   (1) The functions of the Chief Traditional Courts Commissioner shall include—

   (a)   the advising of the Minister in respect of the constitution, jurisdiction and membership of Traditional Courts and Traditional Appeal Courts;

   (b)   the organization, guidance and supervision of Traditional Courts and Traditional Appeal Courts;

   (c)   the organization and supervision of courses of instruction for members, officers and staff of Traditional Courts;

   (d)   such other powers and duties as may from time to time be assigned to him by the Minister.

   (2) Every Traditional Courts Commissioner shall perform such functions as may be assigned to him from time to time by the Chief Traditional Courts Commissioner, subject to the general or special directions of the Minister.

   (3) The Chief Traditional Courts Commissioner shall exercise the functions conferred upon him by or under this Act in conformity with such general or special directions as may be given by the Minister.

27.   Adjudication without authority

   Any person who shall exercise or attempt to exercise judicial powers within the area of the jurisdiction of a duly constituted Traditional Court, except in accordance with any Act, or who shall sit as a member of such court without due authority, shall be liable, on conviction before the High Court or before a court of a Resident Magistrate or a magistrate of the first or second grade, to a fine of £50 and to imprisonment for twelve months.

28.   Members of Traditional Courts taking rewards

   Whoever, being or expecting to be a member of a Traditional Court, accepts or obtains or agrees to accept, or attempts to obtain from any person for himself or for any other person, any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any act as a member of such court, or for showing, as a member of such court, favour or disfavour to any person, shall be liable to a fine of £100 and to imprisonment for two years.

29.   Taking reward for influencing courts

   Whoever accepts or obtains, or agrees to accept, or attempts to obtain from any person for himself or for any other person, any gratification or reward whatever whether in money or otherwise, for inducing by corrupt or illegal means, or by personal influence, any Traditional Court, or any member thereof, to do or forbear to do any act which such court or member is authorized to do in the exercise of lawful jurisdiction, or to show favour or disfavour to any person, shall be liable to a fine of £100 and to imprisonment for two years.

30.   Penalty for false evidence

   Whoever in any proceeding before a Traditional Court gives evidence, whether upon oath or otherwise, which he knows to be false, or believes to be false, or does not believe to be true, shall be liable to a fine of £100 and to imprisonment for two years.

31.   Proceedings on transfer

   When a case is transferred from a Traditional Court to a subordinate court, whether for trial or retrial, by an order under section 32, the Traditional Court shall report the proceedings to the subordinate court, and thereupon the subordinate court shall proceed to the trial or retrial of the case as though, in a criminal proceeding, a complaint of acts constituting the offence had been made to the court and, in a civil proceeding, as though a plaint herein had been filed in the court.

32.   Powers of Chief Traditional Courts Commissioner to order retrial or transfer of cases

   (1) The Chief Traditional Courts Commissioner shall at all times have access to Traditional Courts and to the records of such courts, and, on the application of the court or any person concerned or on his own motion, may—

   (a)   order any case to be retried either before the same Traditional Court or before any other Traditional Court;

   (b)   order the transfer of any cause or matter, either before trial or at any stage of the proceedings, whether before or after sentence is passed or judgment given, to a subordinate court having jurisdiction within the area concerned;

   (c)   subject to such conditions as to costs, security or otherwise as to him appear just, direct a Traditional Appeal Court to extend the time for appeal in any case to which the provisions of section 34 (1) do not apply;

   (d)   vary the judgment of a Traditional Court directing the payment of money by providing for payment by instalments or by reducing the instalments and extending the period for payment;

   (e)   in respect of any sentence or order passed or made, set aside such sentence or order and substitute therefor any other sentence or order which was within the competence of the original court to pass or make:

   Provided that no sentence or order shall be made to the prejudice of a convicted person unless he has had an opportunity of making representations on his behalf.

   (2) In the case of any cause or matter involving an issue of customary law the Chief Traditional Courts Commissioner may order that either before trial or at any stage of the proceedings before judgment is given such cause or matter may either—

   (a)   be transferred to another Traditional Court for the purposes of taking evidence relating to any issue specified in the order of transfer and of determining such issue; or

   (b)   be transferred to such other Traditional Court for hearing and final determination of the cause or matter concerned.

   (3) In the case of a cause or matter transferred under subsection (2) (a), the Traditional Court to which the cause or matter has been transferred shall, after taking the evidence and determining the issues concerned, return the cause or matter to the court originally exercising jurisdiction, with a record of the evidence and the determination concerned. Thereupon the court originally exercising jurisdiction shall, after considering such record, proceed with the resumed trial and final determination of the cause or matter concerned.

   (4) Any order of retrial or transfer made under subsection (1) or under subsection (2) (b) shall have the effect of setting aside any judgment or sentence given or passed in the matter by the court from which the retrial or transfer is ordered, and the court to which the retrial or transfer has been committed shall begin the trial afresh.

   (5) Provided that the Chief Traditional Courts Commissioner is satisfied that the order is in the interests of the proper administration of justice, a cause or matter may be transferred by an order under subsection (2) whether under section 8 the defendant was resident within the jurisdiction of the court to which the cause or matter is transferred or not.

   (6) Nothing in this section other than the provisions giving the Chief Traditional Courts Commissioner access to Traditional Courts and their records shall apply to any case before a Regional Traditional Court or the National Traditional Appeal Court. In this subsection the terms “Regional Traditional Court” and “National Traditional Appeal Court” bear the meanings ascribed to them by section 34 (4).

33.   Traditional Appeal Courts

   (1) The Minister may, by warrant under his hand, establish such Traditional Appeal Courts as he shall think fit.

   (2) Every Traditional Appeal Court shall consist of a Chairman to be appointed by the Minister and such other members as the Minister may appoint.

   (3) The Minister shall assign to each Traditional Appeal Court such name as he may think fit.

   (4) Every Traditional Appeal Court shall exercise the jurisdiction conferred upon it by or under this Act within such area as may be specified in the warrant.

   (5) The Minister may at any time suspend, cancel or vary any warrant issued under this section.

   (6) Every Traditional Appeal Court established under this section shall be a court of appeal from such Traditional Courts in the area within which it is authorized to exercise jurisdiction as may be specified in its warrant.

   (7) The provisions of section 5 relating to the suspension and dismissal of members of Traditional Courts shall apply in the like manner to members of Traditional Appeal Courts appointed under this section.

   (8) The Minister may appoint such member of a Traditional Appeal court as he thinks fit to be Deputy Chairman of the Traditional Appeal Court concerned, and every member so appointed may, in the absence of the Chairman from the court for any reason, or in any case where an appeal before the court is an appeal from a judgment, sentence or order made by the Chairman sitting as a court of first instance, sit as Chairman of such court.

34.   Appeals

    (1) Any person aggrieved by any judgment in any proceedings, civil or criminal, before a Traditional Appeal Court, a Regional Traditional Court, or a District Traditional Court may within thirty days of the delivery of such judgment appeal to the National Traditional Appeal Court. No appeal shall lie from any judgment of the National Traditional Appeal Court.

   (2) Any person aggrieved by any judgment in any proceedings, civil or criminal, before any Traditional Court (other than a Court referred to in subsection (I)) may within thirty days of the delivery of such judgment appeal to the Traditional Appeal Court having jurisdiction to hear such appeal.

   (3) Leave to appeal under this section out of time may be given by the Court having power to hear the appeal.

   (4) In this section,

   (a)   “District Traditional Court” means any Traditional Court having the word “District” as part of its name;

   (b)   “National Traditional Appeal Court” means the Traditional Appeal Court so named in its warrant;

   (c)   “Regional Traditional Court” means any Traditional Court having the word “Regional” as part of its name.

35.   Power on appeal

    A Traditional Appeal Court in exercise of appellate jurisdiction in any cause or matter under this Act may require the aid of such persons as assessors as the court shall think fit, and may—

   (a)   make any such order or pass any such sentence as the court of the first instance could have made or passed in such cause or matter; and

   (b)   order any such cause or matter to be retried before the court of the first instance or before any other Traditional Court.

36.   Substantial justice to be done without undue regard to technicalities

   No proceedings in a Traditional Court and no summons, warrant, process, order or decree issued or made thereby shall be varied or declared void upon appeal or under section 32 solely by reason of any defect in procedure or want of form, and every court exercising appellate powers under this Act, or the Chief Traditional Courts Commissioner, as the case may be, shall decide all matters according to substantial justice without undue regard to technicalities.

37.   Execution of orders of High Court, subordinate courts or other Traditional Courts

   A Traditional Court shall carry into execution any decrees or orders of the High Court or of any subordinate court or of any other Traditional Court directed to the court, and shall execute all warrants, and serve all process issued by any such courts and directed to the court for execution or service and shall generally give such assistance to any such courts as may be required.

38.   Powers of remand in criminal cases

   (1) Whenever a person is arrested for any criminal offence and taken into custody, whether with or without warrant, within the local limits of jurisdiction of a Traditional Court, then, notwithstanding that the charge is not one which is within the competence of the Traditional Court concerned to hear and determine, such person may be brought before the Traditional Court concerned for remand.

   (2) Upon any person being brought before a Traditional Court under subsection (1), the Traditional Court may order that the person concerned—

   (a)   be remanded in custody and brought before a court of competent jurisdiction as soon as possible or on such date, not exceeding fourteen days later, as may be specified in such order; or

   (b)   be admitted to bail, subject to his appearance before a court of competent jurisdiction at such place and time as may be specified in such order.

   (3) A Traditional Court making any order under subsection (2) shall forthwith send a copy of such order to the court before which the accused person is required thereunder to be brought or to appear.

38A.   Effect of non-attendance of member

   Where a Traditional Court, or a Traditional Appeal Court, consists of more than one member and, because of death, illness or some other reason one, but not more than one, member is unable to be present continuously throughout a case, it shall be lawful for the case to be continued as if all the members were present and any judgment given by the remaining members shall be of the same validity as if it had been given by the Court consisting of its full number of members.

38B.   Alternate members

   (1) The Minister may appoint any person as alternate to any Chairman or member of a Traditional Court or Traditional Appeal Court.

   (2) If any person has been appointed as alternate under subsection (1), he shall act as Chairman or member, as the case may be, only when the Chairman or member to whom he is alternate is absent from Malawi, ill, or for some other reason unable to perform his duties as such Chairman or member:

   Provided that no alternate Chairman or member shall act under this subsection in respect of any case which has already been partly heard.

   (3) While acting under subsection (2), the alternate Chairman or member shall have all the powers of the person to whom he is alternate.

39.   Indemnity of officers acting judicially and of officers executing warrants and orders

   No person shall be liable to be sued in any court for any act done or ordered to be done by him in the exercise of jurisdiction conferred by this Act, whether or not within the limits of his jurisdiction, if at the time of such act or order he believed in good faith that he had jurisdiction to do such act or to make such order; and no officer of any Traditional Court or other person bound to execute lawful warrants or orders issued or made in the exercise of jurisdiction conferred by this Act shall be liable to be sued in any court for the execution of any warrant or order which he would be bound to execute, if the person issuing the same had been acting in the exercise of lawful authority.

40.   Rules

   (1) The Minister may make rules for carrying this Act into effect.

   (2) In particular, and without prejudice to the generality of the foregoing power; such rules may provide for—

   (a)   the practice and procedure of Traditional Courts in their original and appellate jurisdiction;

   (b)   the procedure relating to the institution of criminal complaints and civil proceedings;

   (c)   the practice relating to the arrest of accused persons;

   (d)   the provisions relating to bail;

   (e)   the practice relating to the remand of accused persons;

   (f)   the provisions relating to execution and attachment in cases of a criminal and civil nature;

   (g)   the fees to be charged in Traditional Courts;

   (h)   the disposal and application of fines and fees received in Traditional Courts;

   (i)   the practice governing the imposition and administration of corporal punishment, including provisions as to the confirmation of any such orders and the detention or admission to bail of persons sentenced to corporal punishment pending confirmation or appeal;

   (j)   the empowering and requiring of Traditional Courts to enforce decrees, serve summonses and execute warrants made or issued by other Traditional Courts;

   (k)   the costs to be allowed in cases of a criminal or civil nature;

   (l)   the procedure regulating the institution of appeals;

   (m)   the records to be kept by Traditional Courts;

   (n)   the forms to be used;

   (o)   the terms and conditions of service of members, officers and staff of Traditional Courts, and the remuneration to be paid to assessors;

   (p)   the powers and duties of assessors.

   (3) Any rules made under subsections (1) or (2) may apply to all Traditional Courts or to such class of Traditional Courts or such particular Traditional Court as may be specified therein.

SUBSIDIARY LEGISLATION

NOTE ON
ESTABLISHMENT AND AREAS OF JURISDICTION OF TRADITIONAL COURTS

under s. 3

   The Traditional Courts established under section 3 of the Act and the General Notices declaring their respective areas of jurisdiction are set out in the Appendix hereto.

   Warrants:

   The jurisdiction of Traditional Courts is set out in their respective warrants but these are not published. This jurisdiction (which is subject to sections 8 to 11 of the Act) may be summarized as follows

   Civil:

   The civil jurisdiction of all Traditional Courts in matters to be determined according to customary law is unlimited. In all other matters, it is limited to causes in which the subject matter in dispute does not exceed K300.

   Criminal:

   The powers of Traditional Courts, under section 14 (1) of the Act, to impose penalties in criminal cases are as follows

   Urban Courts and Grade A.1 Courts have powers limited to—

   (a)   fine of K150;

   (b)   imprisonment for 12 months;

   (c)   corporal punishment of 12 strokes;

   Grade A and Grade B Traditional Courts have powers limited to—

   (a)   fine of K50;

   (b)   imprisonment for 6 months;

   (c)   corporal punishment of 12 strokes.

APPENDIX

Traditional Court

General Notice

KARONGA DISTRICT

Karonga Traditional Court

590/1967

Mbande Traditional Court

909/1966

Ngana Traditional Court

448/1963

Ngerenge Traditional Court

499/1963

Nyungwe Traditional Court

450/1963

Uliwa Traditional Court

678/1962

RUMPHI DISTRICT

Bolero Traditional Court

34/1963

Chinyoro Traditional Court

521/1964

Henga Traditional Court

30/1963

Katowo Traditional Court

29/1963

Lura Traditional Court

399/1964

Mlowe Traditional Court

677/1962

Phoka Traditional Court

676/1962

Tcharo Traditional Court

734/1967

MZIMBA DISTRICT

Edingeni Traditional Court

385/1963

Emchakachakeni Traditional Court

187/1963

Emcisweni Traditional Court

588/1963

Emfeni Traditional Court

213/1963

Ephangweni Traditional Court

212/1963

Eswazini Traditional Court

487/1963

Euthini Traditional Court

114/1963

Ezondweni Traditional Court

117/1963

Luzi Traditional Court

115/1963

Mzimba Traditional Court

591/1967

Mzuzu Traditional Court

592/1967

NKHOTAKOTA DISTRICT

Bua Traditional Court

161/1964

Mtosa Traditional Court

533/1962

Nkhotakota Traditional Court

113/1963

Nkhunga Traditional Court

149/1966

DOWA DISTRICT

Dowa Traditional Court

594/1967

Kaufa Traditional Court

383/1963

Mponela Traditional Court

370/1963

Msongandeu Traditional Court

371/1963

Thinde Traditional Court

384/1963

CHITIPA DISTRICT

Chinunka Traditional Court

675/1962

Ilengo Traditional Court

56/1963

Nthalire Traditional Court

668/1962

Wenya Traditional Court

667/1962

Wilindi Traditional Court

57/1963

NKHATA BAY DISTRICT

Chintheche Traditional Court

320/1963

Kalambwe Traditional Court

486/1962

Likoma / Chizumulu Traditional Court

175/1963

Mbamba Traditional Court

382/1963

Mpamba/Chikwina Traditional Court

308/1963

Mzenga Traditional Court

426/1963

Ruarwe/Khondowe Traditional Court

31/1963

Sanga/Maula Traditional Court

321/1963

Tukombo Traditional Court

37/1963

Usisya Traditional Court

35/1963

KASUNGU DISTRICT

Chigodi Traditional Court

606/1963

Chiloamathambe Traditional Court

343/1966

Kachokolo Traditional Court

469/1963

Linga Traditional Court

581/1963

Matenje Traditional Court

118/1963

Misodzi/Mziza Traditional Court

470/1963

Ndonda Traditional Court

146/1963

Nthabua Traditional Court

732/1967

Nthembwe Traditional Court

730/1967

NTCHISI DISTRICT

Masangano Traditional Court

595/1967

Mbomba Traditional Court

490/1963

Msonzi Traditional Court

569/1963

Mtsilo Traditional Court

69/1964

Ntchisi Traditional Court

107/1963

SALIMA DISTRICT

Chipoka Traditional Court

388/1963

Mnema Traditional Court

640/1962

Salima Traditional Court

387/1963

LILONGWE DISTRICT

Chilobwe Traditional Court

302/1963

Chiwamba Traditional Court

567/1962

Chiwenga Traditional Court

304/1963

Demera Traditional Court

303/1963

Lilongwe Traditional Court

593/1967

Mapuyu Traditional Court

305/1963

Mpenu Traditional Court

306/1963

Mphande Traditional Court

352/1963

Msinja Traditional Court

261/1963

Mzozi Traditional Court

408/1963

Nyanja Traditional Court

307/1963

NTCHEU DISTRICT

Banda Traditional Court

429/1963

Kalichero Traditional Court

319/1963

Kaloga Traditional Court

706/1962

Kasinje Traditional Court

638/1962

Nchakhatha Traditional Court

427/1963

Ntcheu Traditional Court

607/1963

Ntonda Traditional Court

636/1962

ZOMBA DISTRICT

Chisoni Traditional Court

229/1963

Domasi Traditional Court

910/1966

Likangala Traditional Court

428/1963

Machereni Traditional Court

361/967

Msondole Traditional Court

911/1966

Namilongo/Chingale Traditional Court

495/1963

Ntonya/Chanda Traditional Court

360/1967

Zomba Traditional Court

596/1967

MCHINJI DISTRICT

Kalumbe Traditional Court

209/1963

Kaphiri Traditional Court

929/1966

Mchemani Traditional Court

715/1962

Mikundi Traditional Court

930/1966

Mkoma Traditional Court

646/1962

Mistu Traditional Court

210/1963

DEDZA DISTRICT

Dedza Traditional Court

776/1963

Katewe Traditional Court

281/1963

Maonde Traditional Court

280/1963

Mayani Traditional Court

176/1963

Mkhaza Traditional Court

285/1963

Mtakataka Traditional Court

639/1962

MANGOCHI DISTRICT

Khaya Traditional Court

733/1967

Majuni Traditional Court

159/1963

Malindi Traditional Court

58/963

Malombe Traditional Court

77/1963

M’Dindi Traditional Court

322/1963

Mkungulu Traditional Court

705/1962

Mpilipili Traditional Court

673/1962

Mvumba Traditional Court

484/1963

Ndumundu Traditional Court

426/1964

Nkope Traditional Court

59/1963

MACHINGA DISTRICT

Balaka Traditional Court

597/1967

Machinga/Chikala Traditional Court

728/1967

Malundani Traditional Court

60/1963

Mbonechera Traditional Court

323/1963

Nanyumbu Traditional Court

61/1963

Nguse Traditional Court

493/1963

Ulongwe Traditional Court

674/1962

BLANTYRE DISTRICT

Blantyre Traditional Court

670/1962

Chikowa Traditional Court

259/1963

Chilangoma Traditional Court

722/1963

Kwacha Traditional Court

451/1963

Linjisi Traditional Court

486/1963

Lisungwi Traditional Court

257/1963

Lunzu Traditional Court

672/1962

Malawi Traditional Court

260/1963

Mudi/Chisenjere Traditional Court

729/1967

Ntonda Traditional Court

503/1966

Tambala Traditional Court

443/1963

CHIRADZULU DISTRICT

Chisombezi Traditional Court

75/1963

Lirangwe Traditional Court

216/1963

Magomero Traditional Court

211/1963

Mbulumbuzi Traditional Court

28/1963

Mombezi Traditional Court

215/1963

Namitambo Traditional Court

669/1962

Ndunde Traditional Court

670/1962

Thuchila Traditional Court

74/1963

THYOLO DISTRICT NSANJE DISTRICT

Dzimbiri Traditional Court

446/1963

Magoti Traditional Court

145/1963

Khonjeni Traditional Court

447/1963

Mankhokwe Traditional Makungwa Traditional Court

52/1963

Court

142/1963

Mapanga Traditional Court

54/1963

Mpatsa Traditional Court

143/1963

Mphande Traditional Court

407/1963

Muona Traditional Court

144/1963

Mphembere Traditional Court

278/1963

Nsanje Traditional Court

685/1962

Muonekera Traditional Court

53/1963

Thuka Traditional Court

686/1962

Nchima Traditional Court

445/1963

Thava Traditional Court

279/1963

CHIKWAWA DISTRICT

Chibisa Traditional Court

731/1967

Makande Traditional Court

642/1962

Masenjere Traditional Court

491/1963

Mbewe Traditional Court

974/1969

Mitole Traditional Court

502/1966

Ngwengwe Traditional Court

644/1962

NSANJE DISTRICT

Magoti Traditional Court

145/1963

Mankhokwe Traditional Court

142/1963

Mpatsa Traditional Court

143/1963

Muona Traditional Court

144/1963

Nsanje Traditional Court

685/1962

Thuka Traditional Court

686/1962

TRADITIONAL COURTS (CONSTITUTION AND MEMBERSHIP) ORDER

under s. 4

G.N. 194/1962
137/1966
156/1975

1.   Citation

   This Order may be cited as the Traditional Courts (Constitution and Membership) Order and shall, subject to paragraph 5, apply to all Traditional Courts in Malawi.

2.   Hearing without assessor

   Every Traditional Court may, at the discretion of the Chairman, sit without any assessor for the hearing of any criminal case.

3.   Members sitting

   No member of a Traditional Court other than the Chairman shall sit on such court as a member except under paragraph 4 of this Order.

4.   Presiding member

   Whenever the Chairman of any Traditional Court is for any reason unable to sit on such court, the next senior member, or such other member of the court as the Chief Traditional Courts Commissioner may in writing addressed to such court direct, shall preside.

5.   Exception to application

   Paragraph 3 of this Order shall not apply to the Blantyre, Dedza, Lilongwe, Limbe, Liwonde, Mzuzu, Salima and Zomba Urban Traditional Courts.

EXTENSION OF JURISDICTION ORDER

under s. 10

G.N. 109/1963
183/1963
172/1964(N)
204/1964(N)
48/1964(M)
114/1965
161/1967
88/1971
160/1975

   The Minister has directed that the civil and criminal jurisdiction of the Traditional Courts set out in the Schedule shall extend to the hearing of causes and matters in which any or all of the parties are non-Africans.

SCHEDULE

   The Balaka Traditional Court

   The Blantyre Traditional Court

   The Bolero Traditional Court

   The Chilanga Traditional Court

   The Chilobwe Traditional Court

   The Chintheche Traditional Court

   The Chiradzulu Traditional Court

   The Dedza Traditional Court

   The Domasi/Msondole Traditional Court

   The Dowa Traditional Court

   The Ezondweni Traditional Court

   The Kalambwe Traditional Court

   The Kalichero Traditional Court

   The Kalumbe Traditional Court

   The Karonga Traditional Court

   The Kasinje Traditional Court

   The Khaya Traditional Court

   The Lilongwe Traditional Court

   The Limbe Traditional Court

   The Liwonde Traditional Court

   The Makande Traditional Court

   The Maonde Traditional Court

   The Mapuyu Traditional Court

   The Masangano Traditional Court

   The Matenje Traditional Court

   The Mbande Traditional Court

   The Mbulumbuzi Traditional Court

   The Milonde Traditional Court

   The Mitole Traditional Court

   The Mkhaza Traditional Court

   The Mkoma Traditional Court

   The Mpasa Traditional Court

   The Mponela Traditional Court

   The Msozi Traditional Court

   The Mulanje Traditional Court

   The Muloza Traditional Court

   The Mzimba Traditional Court

   The Mzuzu Traditional Court

   The Mtakataka Traditional Court

   The Namitambo Traditional Court

   The Nchalo Traditional Court

   The Nchima Traditional Court

   The Ndunde Traditional Court

   The Nkhotakota Traditional Court

   The Nsanje Traditional Court

   The Ntcheu Traditional Court

   The Ntenjela Traditional Court

   The Nthembwe Traditional Court

   The Ntonya Traditional Court

   The Salima Traditional Court

   The Tambala Traditional Court

   The Thuchila Traditional Court

   The Zomba Traditional Court

JURISDICTION (EXCLUSION) NOTICE

under s. 11

G.N. 167/1962

   The Minister has by this Notice excluded from the jurisdiction of all Traditional Courts any proceedings involving chieftainship or headmanship or involving the allocation of land under local custom.

REGIONAL TRADITIONAL COURTS (CRIMINAL JURISDICTION) ORDER

under s. 13

G.N. 198/1970
179/1975
167/1976
134/1977
9/1979
3/1994

1.   Citation

   This Order may be cited as the Regional Traditional Courts (Criminal Jurisdiction) Order.

2.   Jurisdiction of Regional Traditional Courts

   The Regional Traditional Courts shall, in the exercise of their criminal jurisdiction, have power to hear and determine all offences over which District Traditional Courts have or shall have jurisdiction and in addition all offences under the Witchcraft Act and all offences under Chapters VII, IX, X, XV, XIX, XX, XXI, XXII, XXVIII and XXIX of the Penal Code except all offences under the sections specified in the Schedule hereto.

SCHEDULE

   Para. 2

   A Regional Traditional Court shall not have jurisdiction to try offences under the following sections of the Penal Code—

   Sections 38, 39, 40, 41, 44, 54, 76, 77, 78, 133, 134, 138, 157, 208, 209, 213, 233, 234, 235, 236, 237, 300, 301, 302 and 309.

TRADITIONAL COURTS (CRIMINAL JURISDICTION) ORDER

under s. 13

G.N 185/1967
162/1970
166/1972
115/1973
180/1974
38/1976
133/1977
120/1990

1.   Citation

   This Order may be cited as the Traditional Courts (Criminal Jurisdiction) Order.

2.   Jurisdiction of District Traditional Courts

   District Traditional Courts as described in Schedule III to the Traditional Courts (Terms and Conditions of Service) Rules shall have power, in the exercise of their criminal jurisdiction, to enforce the provisions of the Ordinances and Acts set out in the First Column of the Schedule to this Order.

3.   Jurisdiction of Grade A. and Grade B. Traditional Courts

   Grade A. Traditional Courts and Grade B. Traditional Courts as described in Schedules V and VI to the Traditional Courts (Terms and Conditions of Service) Rules as amended from time to time shall have power, in the exercise of their criminal jurisdiction, to enforce the provisions of the Ordinances and Acts set out in the Second Column of the Schedule to this Order.

SCHEDULE

First Column

Second Column

JURISDICTION OF DISTRICT TRADITIONAL COURTS

JURISDICTION OF GRADE A. AND GRADE B. TRADITIONAL COURTS

PENAL CODE CAP. 7:01

PENAL CODE CAP. 7:01

Section:

Section:

47

Offences in relation to publications, importation of which is prohibited. (Whole)

47

Subsection (2) only

60

Publication of false news likely to cause fear and alarm to the public.

60

71

Unlawful assembly.

71

81

Prohibition of carrying offensive weapons without lawful authority or reasonable excuse.

81

82

Forcible entry.

83

Forcible detainer.

84

Fighting in public.

84

85

Challenging to fight a duel.

85

86

Threatening violence.

88

Intimidation. (Whole)

88

Subsections 1 (a) and 1 (b)only.

89

Assembling for the purpose of smuggling.

95

Abuse of office.

98

False assumption of authority.

99

Personating public officers.

100

Threat of injury to persons employed in public service.

107

Deceiving witnesses.

107

108

Destroying evidence.

108

113

Offences relating to judicial proceedings.

113

114(c)

Rescue (Subsection (c) only).

115

Escape.

115

116

Permitting prisoners to escape.

116

118

Removal, etc., of property under lawful seizure.

118

119

Obstructing court officers.

122

False information to person employed in the public service.

123

Disobedience of statutory duty.

123

127

Insult to religion of any class.

128

Disturbing religious assemblies.

128

129

Trespassing on burial places.

129

130

Writing or uttering words with intent to wound religious feelings.

130

131

Hindering burial of dead body, etc.

131

136

Abduction of girls under sixteen.

136

137(3)

Insulting the modesty of a woman (Subsection (3) only).

137(3)

(Subsection (3) only),

141

Procuring defilement of woman by threats or fraud or administering drugs.

141

143

Detention with intent or in brothel.

143

145

Male person living on earnings of prostitution or persistently soliciting.

145

146

Woman aiding, etc., for gain prostitution of another woman.

146

147

Brothels.

164

Desertion of children.

164

165

Neglecting to provide food, etc., for children.

165

166

Master not providing for servants or apprentices.

166

168

Common nuisance.

168

169

Gaming houses.

169

170

Betting houses.

170

173

Lotteries.

174

Private lotteries.

177

Chain letters.

179

Traffic in obscene publications.

180

Idle and disorderly persons.

180

181

Conduct likely to cause a breach of the peace.

181

182

Use of insulting language.

182

183

Nuisances by drunken persons, 183 etc.

183

184

Rogues and vagabonds.

184

185

Removal orders.

189

Penalty for failing to comply with removal order, etc.

190

Review of removal order.

191

Wearing uniform without authority prohibited.

192

Negligent act likely to spread disease dangerous to life.

192

193

Adulteration of food or drink intended for sale.

193

194

Sale of noxious food or drink.

194

195

Adulteration of drugs.

196

Sale of adulterated drugs.

196

197

Fouling water.

197

198

Fouling air.

198

199

Offensive trades.

241

Wounding and similar acts. (Whole)

241 (1)

(Subsection (1) only.)

246

Reckless and negligent acts.

246

247

Other negligent acts causing harm.

248

Dealing in poisonous substances in negligent manner.

249

Endangering safety of persons travelling by railway.

251

Conveying person by water for hire in unsafe or overloaded vessel.

251

252

Danger or obstruction in public way or line of navigation.

252

253

Common assault.

253

254

Assaults occasioning actual bodily harm.

254

256

Other aggravated assaults.

269

Unlawful compulsory labour.

278

General punishment for theft. (As read with sections 270 to 277 inclusive.)

278

(As read with sections 270 to 277 inclusive.) Provided that the value of the thing stolen does not exceed K200.

281

Stealing cattle.

283

Stealing by persons in public service.

294

Killing animals with intent to steal.

299

Unlawful use of vehicles, animals, etc.

299

303

Assault with intent to steal.

303

314

Criminal trespass.

314

316

Unauthorized user of land and premises.

316

319

Obtaining by false pretences.

321

Cheating.

321

Provided that the value of the thing obtained does not exceed K200.

322

Obtaining credit by false pretences.

325

Pretending to tell fortunes.

325

326

Obtaining registration, etc., by false pretence.

326

327

False declaration for passport.

327

328 (2)

Receiving property unlawfully obtained. (Subsection (2) only as read with subsection (3).)

328

(2) (Subsection (2) only as read with subsection (3).) Provided that the value of the thing received does not exceed K200.

329

Person having in possession property suspected of being stolen.

329

337

Arson (Whole).

337

(a), (b), (c). (Subsections (a), (b) and (c) only.) Provided that the value of the subject matter does not exceed K200.

338

Attempts to commit arson.

339

Setting fire to crops.

340

Attempting to set fire to crops, etc.

344 (1)

Malicious damage. (Subsection (1) only.)

344 (1)

(Subsection (1) only.) Provided that the value of the subject matter does not exceed K200.

347

Removing boundary marks with intent to defraud.

348

Wilful damage, etc., to survey and boundary marks.

349

Penalties for damage, etc., to railway works.

385

Paper and dies for postage stamps.

389

Personation in general.

389

391

Personation of a person named in a certificate.

392

Lending, etc., certificate for personation.

393

Personation of person named in a testimonial of character.

394

Lending, etc, testimonial for personation.

401

Attempts, provided that a person may only be tried for an attempt to commit an offence which the court has power to hear.

401

Provided that a person may only be tried for an attempt to commit an offence which the court has power to hear.

403

Neglect to prevent a felony.

DECENCY IN DRESS ACT ( CAP. 7:04)The whole

All subsidiary legislation made thereunder.

CONVICTED PERSONS (EMPLOYMENT ON PUBLIC WORK) ACT ( CAP. 9:03)The whole.

CONVICTED PERSONS (EMPLOYMENT ON PUBLIC WORK) ACT ( CAP. 9.03)The whole.

POLICE ACT ( CAP. 13:01)

POLICE ACT ( CAP. 13:01)

26

Penalty for disobeying order or violating conditions of a permit issued under section 25.

26

27

Unlawful assemblies.

27

28

Penalty for any violation of an order prohibiting meetings and processions.

28

29

Prohibition of weapons at assemblies, meetings and processions.

PRESERVATION OF PUBLIC SECURITY ACT( CAP. 14:02)The whole.

PRESERVATION OF PUBLIC SECURITY ACT ( CAP. 14:02)The whole.

All regulations made thereunder.

All regulations made thereunder.

FIREARMS ACT ( CAP. 14:08)The whole.

FIREARMS ACT ( CAP. 14:08)The whole.

Firearms Rules:The whole.

Firearms Rules:Rule 7 Failure to register firearm upon importation.

LOCAL GOVERNMENT (URBAN AREAS) ACT ( CAP. 22:01)

Parts:

IV Elections and membership.

IV Elections and membership.

.

VIII By-Laws

XII Miscellaneous.

All by-laws made under the Act and in force within the area of the Court’s jurisdiction.

LOCAL GOVERNMENT (DISTRICT COUNCILS) ACT ( CAP. 22:02)The whole.

LOCAL GOVERNMENT (DISTRICT COUNCILS) ACT ( CAP. 22:02)The whole.

42

Failure to pay rates and taxes.

58

Obstruction of Council members and officers.

All by-laws made under the Act and in force within the area of the Court’s jurisdiction.

All by-laws made under the Act and in force within the area of the Court’s jurisdiction.

CHIEFS ACT ( CAP. 22:03)The whole.

CHIEFS ACT ( CAP. 22:03)The whole.

PUBLIC HEALTH ACT ( CAP. 34:01)The whole.

PUBLIC HEALTH ACT ( CAP. 34:01) Parts III, IV and V only.

All rules and regulations made thereunder.

TAXATION ACT ( CAP. 41:01)The whole.

TAXATION ACT ( CAP. 41:01)The whole.

All rules made thereunder.

All rules made thereunder.

CUSTOMS AND EXCISE ACT ( CAP. 42:01)

TAXATION ACT ( CAP. 41:01)The whole.

142 as read with 143 Smuggling.

142 as read with 143 Smuggling.

BUSINESSES LICENSING ACT ( CAP. 46:01) The whole.

BUSINESSES LICENSING ACT ( CAP. 46:01) The whole.

HIDE AND SKIN TRADE ACT ( CAP. 50:02) The whole.

HIDE AND SKIN TRADE ACT ( CAP. 50:02) The whole.

All rules made thereunder

All rules made thereunder

INTOXICATING LIQUOR ORDINANCE 1 of 1932 The whole.

INTOXICATING LIQUOR ORDINANCE 1 of 1932 The whole.

All rules made thereunder.

All rules made thereunder.

REGULATION OF MINIMUM WAGES AND CONDITIONS OF EMPLOYMENT ACT ( CAP. 55:01) The whole.

REGULATION OF MINIMUM WAGES AND CONDITIONS OF EMPLOYMENT ACT ( CAP. 55:01)

15

Failure to pay regulated wage.

17

Failure to keep records and notices.

20

False returns and entries.

SHOP HOURS ACT ( CAP. 55:05)The whole.

SHOP HOURS ACT ( CAP. 55:05)The whole.

AFRICAN EMIGRATION AND IMMIGRANT WORKERS ACT ( CAP. 56:02)

AFRICAN EMIGRATION AND IMMIGRANT WORKERS ACT ( CAP. 56:02)

4

Africans not to leave Malawi unless in possession of identity certificate or, in the case of females and juveniles, of travelling permits.

4

12

Production of work book.

12

FOREST ACT ( CAP. 63:01) The whole.

FOREST ACT ( CAP. 63:01) The whole.

All rules made thereunder.

All rules made thereunder. The whole.

PLANTS PROTECTION ACT ( CAP. 64:01) The whole.

PLANTS PROTECTION ACT CAP. 64:01 The whole.

All rules made thereunder.

All rules made thereunder.

NOXIOUS WEEDS ACT ( CAP. 64:02) The whole.

NOXIOUS WEEDS ACT ( CAP. 64:02) The whole.

TOBACCO ACT ( CAP. 65:02) The whole.

TOBACCO ACT ( CAP. 65:02) The whole.

All rules made thereunder.

All rules made thereunder.

PROTECTION OF ANIMALS ACT ( CAP. 66:01) The whole.

PROTECTION OF ANIMALS ACT ( CAP. 66:01) The whole.

CONTROL AND DISEASES OF ANIMALS ACT ( CAP. 66:02) The whole.

CONTROL AND DISEASES OF ANIMALS ACT ( CAP. 66:02)) The whole.

All regulations made thereunder.

All regulations made thereunder.

GAME ACT ( CAP. 66:03)The whole, excepting section 41 (1).

GAME ACT ( CAP. 66:03)The whole, excepting section 41 (1), 41 (2) and 41 (3).

All rules made thereunder.

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